Utah Code 80-2-610. Immunity from liability for a report — Exception
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Terms Used In Utah Code 80-2-610
- Abuse: means :(1)(a)(i)(1)(a)(i)(A) nonaccidental harm of a child;(1)(a)(i)(B) threatened harm of a child;(1)(a)(i)(C) sexual exploitation;(1)(a)(i)(D) sexual abuse; or(1)(a)(i)(E) human trafficking of a child in violation of Section
Utah Code 80-1-102 - Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102- Child protection team: means a team consisting of:
(11)(a) the child welfare caseworker assigned to the case;(11)(b) if applicable, the child welfare caseworker who made the decision to remove the child;(11)(c) a representative of the school or school district where the child attends school;(11)(d) if applicable, the law enforcement officer who removed the child from the home;(11)(e) a representative of the appropriate Children's Justice Center, if one is established within the county where the child resides;(11)(f) if appropriate, and known to the division, a therapist or counselor who is familiar with the child's circumstances;(11)(g) if appropriate, a representative of law enforcement selected by the chief of police or sheriff in the city or county where the child resides; and(11)(h) any other individuals determined appropriate and necessary by the team coordinator and chair. See Utah Code 80-1-102- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Neglect: means action or inaction causing:
(58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;(58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;(58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;(58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;(58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section78B-24-203 ; or(58)(a)(vi) educational neglect. See Utah Code 80-1-102- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
(66)(a) the day on which the shelter hearing is held under Section80-3-301 ; or(66)(b) the day on which the child is returned home. See Utah Code 80-1-102- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1)(a) A person who in good faith makes a report under Section 80-2-602, 80-2-603, or 80-2-604, or who otherwise notifies the division or a peace officer or law enforcement agency of suspected abuse or neglect of a child, is immune from civil and criminal liability in connection with the report or notification.(1)(b) Except as provided in Subsection (3), a person taking a photograph or X-ray, assisting an investigator from the division, serving as a member of a child protection team, or taking a child into protective custody in accordance with Chapter 2a, Removal and Protective Custody of a Child, is immune from civil or criminal liability in connection with those actions.(2) This section does not provide immunity with respect to an act or omission of a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity Act of Utah.(3) The immunity described in Subsection (1)(b) does not apply if the person:(3)(a) acted or failed to act through fraud or willful misconduct;(3)(b) in a judicial or administrative proceeding, intentionally or knowingly gave, upon a lawful oath or in any form allowed by law as a substitute for an oath, false testimony material to the issue or matter of inquiry in the proceeding;(3)(c) intentionally or knowingly fabricated evidence; or(3)(d) except as provided in Subsection (4), intentionally or knowingly with a conscious disregard for the rights of others, failed to disclose evidence that was known by the person to be relevant to a material issue or matter of inquiry in:(3)(d)(i) a pending judicial or administrative proceeding if the person knew of the pending judicial or administrative proceeding; or(3)(d)(ii) a judicial or administrative proceeding, if disclosure of the evidence was requested of the employee by a party to the proceeding or counsel for a party to the proceeding.(4) Immunity is not lost under Subsection (3)(d), if the person:(4)(a) failed to disclose evidence described in Subsection (3)(d), because the person is prohibited by law from disclosing the evidence; or(4)(b)(4)(b)(i) in accordance with the provisions of 45 C.F.R. § 164.502(g)(5), refused to disclose evidence described in Subsection (3)(d) to another person who requested the evidence; and(4)(b)(ii) after refusing to disclose the evidence under Subsection (4)(b)(i), complied with or responded to a valid court order or valid subpoena received by the person to disclose the evidence described in Subsection (3)(d). - Child: means , except as provided in Section